[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/pra1838186.txt

[New search] [Help]

POOR RELIEF (IRELAND) ACT 1838

POOR RELIEF (IRELAND) ACT 1838 - LONG TITLE

An Act for the more effectual Relief of the destitute Poor in
Ireland.{1}
[31st July 1838]
Preamble rep. by SLR 1890 (No. 2)

S.1 (appointing the poor law commissioners to be the commissioners
for the execution of the Act), and S.2 (empowering commissioners to
examine witnesses) rep. by SLR 1874 (No.2). Ss.312 rep. by SLR 1874
(No.2); SLR 1892; 1949 c.1 (NI) s.34(4) sch.2 Pt.II; 1950 c.5 (NI)
s.141(1)

POOR RELIEF (IRELAND) ACT 1838 - SECT 13
Penalties for giving false evidence or refusing to give evidence.

13. If any person, upon any examination under the authority of this
Act, ... shall refuse or wilfully neglect to attend in obedience to
any summons of the commissioners or of any commissioner, ... or to
give evidence, or shall wilfully alter, suppress, conceal, destroy,
or refuse to produce any books, contracts, agreements, accounts,
maps, plans, surveys, valuations, or writings, or copies of the
same, which may be required to be produced for the purposes of
this Act, to any person authorized by this Act to require the
production thereof, every person so offending shall be deemed guilty
of a misdemeanor.

POOR RELIEF (IRELAND) ACT 1838 - SECT 14
Expences of witnesses.

14. It shall be lawful for the commissioners, in any case where
they may see fit, to order and allow such expences of witnesses,
and such expences attending the production of any documents or
copies thereof to or before any person authorized by this Act to
require the production thereof, as such commissioners may deem
reasonable, to be paid as follows, (that is to say,) out of the
rates of the union which in the opinion of the commissioners shall
be interested or concerned in such testimony or production
respectively in all cases in which such witnesses shall not go more
than ten statute miles from their place of residence, and in all
other cases the expences so ordered or allowed shall be deemed part
of the incidental expences attending the execution of this Act, and
be paid accordingly.

Ss.1593 rep. by 1843 c.92 s.9; 1847 c.84 s.1; 1849 c.104 s.12;
1862 c.83 s.13; 1868 c.49 s.15; SLR 1874 (No. 2); SLR 1892; 1898
c.37 s.110 sch.6; 1900 c.58 s.12 sch.; 1949 c.1 (NI) s.34(4) sch.2
Pt.II; 1950 c.5 (NI) s.141(1); SLR (NI) 1954; 1969 c.30 (NI) s.132
sch.6; 1972 NI 14 art.109(3) sch.18; 1972 NI 16 art.63(3) sch.19

POOR RELIEF (IRELAND) ACT 1838 - SECT 94
Officers to account.

94. Every guardian, treasurer, or other person having the ...,
receipt, or application of any monies ... for the relief of the
destitute poor in any union, or holding or accountable for any
balance or sum of money, or any books, deeds, papers, goods, or
chattels relating to the relief of the destitute poor within any
union, ..., or for the funds, property, rents, profits, or income
of any house of industry or other institution which shall be liable
to become vested in the commissioners under this Act, shall, as
often as the orders of the commissioners shall direct, make and
render to the auditors who may audit accounts under the provision
herein-after contained a full and distinct account in writing, in
such form as the commissioners shall direct, of all monies, matters,
and things committed to their charge, or received, held, or expended
by them on behalf of any such union, house of industry, or other
institution, and, if thereunto required by such auditors, shall
verify on oath (which oath every such auditor is hereby authorized
to administer) the truth of all such accounts and statements from
time to time respectively, or subscribe a declaration to the truth
thereof, in manner and under the penalties in this Act provided for
parties giving evidence or refusing to give evidence under the
provisions of this Act; and all payments, charges, and allowances
made by any guardian or other person, ..., contrary to the
provisions of this Act, or at variance with any order of the
commissioners made under the authority of this Act, are hereby
declared to be illegal, and shall be disallowed accordingly; and all
balances found by any such auditor, to be due from any guardian,
treasurer, or other person ... accountable for such balances, may be
recovered in the same manner as penalties and forfeitures are
recoverable under this Act; Provided nevertheless, that no such
proceeding shall exonerate or discharge the liability of the surety
of any such treasurer, guardian, or other person as aforesaid:
Provided also, that no allowance or disallowance by any auditor
shall exonerate or discharge such guardian or other person liable to
account from any penalty or legal proceeding to which he may have
rendered himself liable by having acted contrary to the orders of
the commissioners or to the provisions of this Act.

POOR RELIEF (IRELAND) ACT 1838 - SECT 95
Appointment of auditors, and their duties.

95. It shall be lawful for the commissioners to appoint auditors to
audit the accounts of all persons liable to account under this Act,
and to invest such auditors with such of the powers and authorities
which the commissioners are herein-before authorized to delegate to
the assistant commissioners as they shall think fit, and such
appointments, powers and authorities respectively from time to time
to revoke and vary; and such auditors shall examine into the matter
of every such account, and shall disallow and strike out of every
such account all such charges and payments as they shall deem to
be illegal or unfounded, and shall reduce such as they shall deem
to be exorbitant, and shall insert in every such account such
charges against the person accounting as they shall deem such person
liable to, specifying upon or at the foot of such account every
such charge or payment, and its amount, so far as they shall
disallow, reduce, or insert the same, and the cause for which the
same is disallowed, reduced, or inserted.

S.96 rep. by 1933 c.28 (NI) s.3(1) sch. S.97 rep. by SLR 1874
(No. 2)

POOR RELIEF (IRELAND) ACT 1838 - SECT 98
Service of summons.

98. The delivery of any summons authorized to be issued by any
commissioner ... or justice of the peace, under this Act, to any
party to whom such summons shall be directed, or at his place of
abode, to his wife, or to any child or servant of such party,
being of the age of sixteen years or upwards, shall in all cases
be deemed good and sufficient service of such summons.

POOR RELIEF (IRELAND) ACT 1838 - SECT 99
Commissioners or justices may proceed by summons for recovery of
penalties.

99. In all cases in which any penalty or forfeiture is recoverable
before justices of the peace under this Act it shall and may be
lawful for any commissioner ... or any justice, to whom complaint
in writing shall be made of any such offence, to summon the party
complained against to appear before any two justices; and on such
summons the said two justices may hear and determine the matter of
such complaint, and on proof of the offence convict the offender,
and adjudge him to pay the penalty or forfeiture incurred, and
proceed to recover the same.

Ss.100, 101 rep. by SLR 1874 (No. 2); 1949 c.1 (NI) s.34(4) sch.2
Pt.II; 1950 c.5 (NI) s.141(1)

POOR RELIEF (IRELAND) ACT 1838 - SECT 102
Penalty on persons wilfully disobeying orders of commissioners.

102. In case any person shall wilfully neglect or disobey any of
the orders of the commissioners ... purporting to be sealed or
stamped with their seal of office, such person shall, upon
conviction before any two justices, forfeit and pay for the first
offence any sum not exceeding five pounds, for the second offence
any sum not exceeding twenty pounds, nor less than five pounds; and
in the event of such person being convicted a third time, such
third and every subsequent offence shall be deemed a misdemeanor,
and such offender shall be liable to be indicted for the same
offence, and shall, on conviction, pay such fine, not being less
than twenty pounds, and suffer such imprisonment, ... as may be
awarded against him by the court by or before which he shall be
tried and convicted.

Ss.103116 rep. by SLR 1874 (No. 2); SLR 1892; SLR 1894; SLR 1948;
1972 NI 16 art.63(3) sch.19; 1978 c.23 s.122(2) sch.7; SLR 1980

POOR RELIEF (IRELAND) ACT 1838 - SECT 117
If rules are quashed the same to be notified to unions to which
such rules have been directed.

117. If upon the hearing of the application the court shall order
[an order] of certiorari to issue for bringing up any such order,
and the same, being brought into court, shall be quashed as
illegal, the commissioners shall forthwith notify the judgment of the
court to all unions to which such order shall have been directed;
and the same shall from the time of receiving such notice
respectively be deemed and taken to be null and void to all
intents and purposes whatsoever: Provided always, that such judgment
shall not have the effect of annulling any contracts made in
pursuance or upon the authority of any such order which at the
receipt of such notice respectively shall have been executed by
either of the contracting parties: Provided also, that no person
shall be liable to be prosecuted, either by indictment or by civil
action, for or in respect of any act done by him before the
receipt of such notice under the authority and in pursuance of such
order.

Ss.118123 rep. by SLR 1874 (No. 2)

POOR RELIEF (IRELAND) ACT 1838 - SECT 124
Interpretation of terms.

124. The words and expressions herein-after mentioned which in their
ordinary use have a more confined or different meaning, shall in
the construction of this Act, except where the context excludes such
construction, be interpreted as follows: every word importing the
singular number or the masculine gender only shall be understood to
include and shall be applied to several persons, matters, or things,
as well as one person, matter, or thing, and females as well as
males respectively; the word "order" shall include general rules; the
words "general rule" shall be construed to mean any order relating
to the execution of this Act which shall at the time of issuing
the same be addressed by the commissioners to more than one union
or to more institutions or objects than one, when such institutions
or objects shall not be contained in any one union, ...; the word
"rent" shall include every reservation or sum or value rendered
either in money or otherwise by any tenant or under any contract
for or in respect of the occupation, use, or enjoyment of any
hereditaments, corporeal or incorporeal, and also every fee-farm rent
and rent-seck and rent-charge; ... the words "justice" or "justices
of the peace" shall, when any justice or justices is or are
empowered to do any magisterial or judicial act, either singly or
at petty sessions, include and extend to any justice of the peace
or any magistrate of a county, county of a city, or county of a
town, or of any city or town corporate, or any assistant barrister.

S.125 rep. by SLR 1874 (No. 2)

First Schedule rep. by SLR 1980. Second and Third Schedules rep. by
SLR 1874 (No. 2)






BAILII:
Copyright Policy |
Disclaimers |
Privacy Policy |
Feedback |
Donate to BAILII

URL: http://www.bailii.org/nie/legis/num_act/pra1838186.txt